FAMILY & DIVORCE LAW

Marriage and Divorce laws vary from state to state and the information provided here is a general overview. Please consult a family or divorce lawyer or attorney in your state for professional advice.

Marriage Law

Marriage laws in the United States are almost exclusively governed by state law. There are however, federal statutes which rely on marital status to determine federal rights and benefits, so the definition of marriage is important to federal law. In addition, the U.S. Constitution's Supremacy Clause ensures that the U.S. Supreme Court can review the constitutionality of laws relating to marriage.

Divorce Law

A Divorce Agreement is the Same as an Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement, or A legally enforceable, spousal contract settling all matters. It is generally not referred to as a “divorce agreement” since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the court’s decision and judgment is substituted. Court’s judgments are modifiable based on a “material change in circumstances.” An agreement may be either modifiable or unmodifiable (“surviving”).

Typically, these agreements settle issues relating to:
1. Asset and liability division
2. Alimony, health, and life insurance
3. Legal and physical custody, child support, visitation, medical insurance and expenses, and college.

Child Custody Law

Generally, statutes authorize the court having jurisdiction of divorce proceedings to determine who shall have custody of the children on the marriage.Under the common statutory provision, the parents of a legitimate child are joint guardians of that child, and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.Because the authority to award custody is based on the jurisdiction of the court, most of the law in this field is state based as opposed to federally based.

Child Support Law

Upon every judgment of annulment, dissolution, or separate maintenance, the court may order either parent or both parents to pay an amount reasonable and necessary for supporting a child. Child support shall be determined based upon the facts of each case. The court considers other children for whom either parent is leally responsible for support and other child support obligations actually paid by either party pursuant to a court or administrative order. In establishing the amount of support, consideration shall be given to the responsibility of both parents to support and provide for the welfare of the minor child and of a child’s need, whenever practicable, for a close relationship with both parents.

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